HomeMy WebLinkAbout3431ORDINANCE NO. 3431
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AN ORDINANCE AMENDING CHAPTER 24 OF THE BUTTE COUNTY CODE
The Board of Supervisors of the County of Butte, State of California, under
and pursuant to Section 24-25.40 of the Butte County Code of said County,
ORDAINS, as follows:
SECTION 1. Section 24-235 of the Butte County Code is hereby added to
read as follows:
;24-235 SECTION 24-235 "WP" (WATERSHED PROTECTION
OVERLAY}ZONE
A. P~ar~QS~_arld at~at: This district classification is intended to be utilized as
an overlay zone which shall be overlaid onto other zoning districts to
establish the boundaries of a watershed, and for the following purposes:
1. To protect the County's surface and ground water resources.
2. To reduce future governmental costs by preserving public water
supplies.
3. To recognize the essentially public nature of the land and water
resources of a watershed, and that their continued vitality is directly
related to the social and economic welfare of the County and its
communities.
4. To protect the public health, safety and welfare by requiring such
additional restrictions upon the use of the land as are necessary to
retain the natural balance and integrity of a watershed.
5. To recognize the uniqueness of each watershed by basing the
selection of the most effective measures for their protection upon an
evaluation of the soils, climatic conditions, topography, vegetation,
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drainage patterns, and any other specific conditions unique to the
watershed.
6. To allow the County ar its citizenry to identify watersheds where a
natural or man-made imbalance in the environmental system occurs
and provide a means far repairing or restoring the natural functions of
these watersheds.
B. A~Q t{Z~ion of Policies, PrQ_~~~~re~ ar~d__~t~r~.d_a_r_~.s.
1. In recognition of the unique characteristics of each watershed and the
need for individual evaluation, the policies, procedures and standards
for each watershed shall be adopted on an individual basis by
ordinance in conjunction with adoption of a "WP" Zone for a
watershed. The procedure for adopting said policies, procedures, and
standards shall be in accordance with Section 24-25.20 through 24-
25.45 of this Chapter.
C. Ap~l~c~ti~n
1. The "W P" appearing after a zoning designation on the
Comprehensive Zoning Plans indicates that the property so classified
is subject to the provisions of this Article in addition to those of the
underlying zoning district onto which it is overlaid.
2. The regulations of the "WP" district specified within this Article and as
specified in an ordinance adopting policies, procedures and standards
shall prevail over any conflicting regulations of any zoning district onto
which the "W P" district is overlaid.
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SECTION 2. Section 24-235.10 of the Butte County Code is hereby added
to read as follows:
§24-235.10 SECTION 24-235.10 POLICIES, PROCEDURES AND
STANDARDS FOR THE FIRHAVEN GREEK, PARADISE RESERVOIR, AND
MAGALIA RESERVOIR WATERSHEDS
A. l~an.d__~~
1. Current lot or parcel sizes in the Firhaven Creek Watershed
shall be stringently maintained. No further division of lots or
parcels shall be permitted.
2. Current zoning shall be maintained within the Magalia
Reservoir, Paradise Reservoir and Firhaven Creek Watershed.
Consideration of zoning proposals to a larger minimum parcel
size is allowed.
3. No change in zoning shall be made and no use permit shall be
issued unless and until the individual and cumulative impact of
additional sewage disposal and surface water runoff created
by new development which such zone change or use permit
might allow can be proven to the approving authority by the
applicant(s) to have no adverse effects upon the water quality
of the watershed.
B. ~eiD~g~_~1~~24~~1
1. A 100-foot sewage disposal setback from a perennial stream,
a 50-foot setback from an ephemeral stream or drainage way,
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and a 200-foot setback from a lake or reservoir shall be strictly
enforced for all lots or parcels within the Firhaven Creek,
Paradise Reservoir and Magalia Reservoir Watersheds
regardless of the date the lot or parcel was created.
2. Appendix VII of the Butte County Improvements Standards for
Subdivisions and Parcel Maps and Site Improvements
pursuant to Chapter 20 of the Butte County Code which now
applies only to single-family residential lots or parcels created
after April 4, 1974, shall also apply to all other development,
including multi-family residential, commercial, and industrial, on
all lots or parcels regardless of date of creation.
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The gallonage of sewage application shall be pro-rated in
proportion to the usable area of the lot or parcel as determined
in accordance with Appendix VII, using the Table I value of 350
gallons/day area requirement.
a. A variance may be granted, pursuant to Section 19-21
of the Butte County Code, only on an existing lot or
parcel when special circumstances are applicable to the
property involving the soil characteristics, topography,
or surrounding property characteristics. Variances may
be granted only to the usable area requirements of
Appendix VII, Table 1. Cumulative effects within the
hydrologic basin shall be considered prior to issuance
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of any variance. In no event shall a variance be
granted that would provide less usable area than the
requirements of Butte County Code, Chapter 19,
Section 19-12.
b. An application for a variance shall be made in writing on
a form prescribed by the health department. Upon
receipt of the application, the Health Officer together
with the Manager of the Paradise Irrigation District, and
the Chairman of the Water Committee of the Upper
Ridge Coordinating Council, shall make an investigation
to determine whether a variance should be granted. At
the conclusion of the investigation, the Director of
Environmental Health shall prepare a written order
granting or denying the variance, and shall include in
such written order specific findings of fact and reasons
for its granting or denial.
c. If the Environmental Health Division of the Health
Department denies the application for Variance, the
applicant may file an appeal with the State Regional
Water Quality Control Board within ten (10) days after
denial. The decision by the State Regional Water
Quality Control Board shall be final.
C. EL4S14C1 GontrQl_Meas~re~
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1. All driveways for new home sites on new or existing lots shall
be surfaced with at least 2 inches of Class 2 aggregate base,
unless required to be developed to a higher standard.
2. All roads created as a result of any land division shall be
surfaced with a minimum of 2 inches of Class 2 aggregate
base, to a minimum width of 20 feet, unless required to be
developed to a higher standard by other code requirements.
This standard shall apply from a maintained County road, or
existing road of a higher standard, through the parcel being
divided.
3. All roads and driveways shall meet the minimum requirements
as prescribed by Public Resources Gode 4290 and 4291 and
Butte County Fire Safe Regulations, or as prescribed by the
Butte County Department of Public Works.
4. Erosion and sediment control plans, including provisions far
wet weather conditions, shall be submitted with all building
permits, discretionary development projects, and grading
plans, excluding structures that fall under the provisions of
Section 26-3.1 of the Butte County Code. The erosion and
sediment control plans shall include bath temporary (first year)
and permanent erosion control protection measures that
prevent sediment and other pollutant discharges from reaching
watershed drainages and streams. The erosion and sediment
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control plans shall comply with the recommendations of a
qualified professional involved in the preparation of erosion
control plans. Said plans shall be reviewed and approved by
the Department of Development Services.
5. The erosion and sediment control plan shall include the time
of year for construction activities. No soil disturbance shall
occur after November 15 or before April 1 unless the Director
of Development Services, or his or her authorized agent,
determines project soil conditions to be adequate to
accommodate development activities. All such areas where
land clearing has been completed between April 1 and
November 15 shall be revegetated, hydro-seeded, mulch
protected or otherwise stabilized no later than December 1.
Should grading be permitted during the rainy season, the
smallest practicable area of erodible land shall be exposed at
any one time and the time of exposure shall be minimized.
Temporary erosion control measures shall be in place an a
daily basis.
6. No structures shall be placed within 200 feet of the high water
mark of the Paradise ar Magalia Reservoirs or within 50 feet of
the top of the bank of any perennial or ephemeral water
course, as shown on the most recent edition of USGS 7.5
minute topographic maps, in the Firhaven Creek, Paradise
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Reservoir, and Magalia Reservoir watersheds. This provision
shall not preclude development on a parcel that would
otherwise become undevelopable due to this provision.
7. The location of homesites (building envelopes} shall be shown
on all future parcel and subdivision maps in the Firhaven
Creek, Paradise Reservoir, and Magalia Reservoir watersheds.
8. Erosion and sediment control plans prepared by a qualified
professional involved in the preparation of erosion control
plans shall be submitted for all three-acre exemption
conversion timber operations in the Firhaven Greek, Paradise
Reservoir, and Magalia Reservoir watersheds.
9. Three-acre exemptian conversion timber harvest operations
shall not be conducted in the Firhaven Creek, Paradise
Reservoir, and Magalia Reservoir watersheds during the
period from November 15 to April 1.
SECTION 3. This Ordinance shall be and it is hereby declared to be in full
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force and effect from and after thirty (30} days after the date of its passage, and
before the expiration of fifteen (15) days after its passage, this
Ordinance shall be published once with the names of the members of the Board of
Supervisors voting for and against it in the Paradise Post, a newspaper published
in the County of Butte, State of California.
PASSED AND ADOPTED by the Board of Supervisors of the
County of Butte, State of California, an the 9th day of June, 1998, by the following
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vote:
AYES: Supervisors Beeler, Dolan, Houx, and Chair Davis
NOES: None
ABSENT: None i`~
NOT VOTING: Supervisor Josiassen
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FRED C. DAMS, CHAIRMAN
Butte County Board of Supervisors
ATTEST: JOHN S. BLACKLOCK, Chief Administrative
Officer and Clerk of the Board
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Pursuant to Government Code Section 25124(c):
Publication date - July 7, 1998
Effective date -August h, 1998